my son is in the AF and has been for 5 years. He was leaving for Korea and got popped for a drug test and tested positive for spice. Now I am finding out that he is getting an ART 15 and a General Discharge. This is his only infractin in the service and he is a 6 yr enlistee so only has 1 yr left to serve. Isn't this a litte sever since he has a good record. I know of folks who have been dealing drugs and gotten out with all GI bill benefits. If he gets a General Discharge he is not entitled to his GI Bill. I am a veteran so this does hurt and I am not saying he did no wrong but I still think this is a little severe. What do you think?
State/Country relating to question: Mississippi
Just found out about this but he sees his CC on Monday to get his ART 15 and I think he has 7 days to appeal it.
Thank you for your question today, I look forward to assisting you. I have nearly 20 years of legal experience in various disciplines, including JAG.No, it is not a little severe. In fact, it is legally required now in the military that for any drug offense, they must be processed for separation. There is simply no question about it. I don't know what happened with those people selling Drugs that got out. I can't speak to those situations.While I know that you don't what this answer, there could be much more done to him here. Severe would be to Court Martial him, send him to jail and then give him a more punitive Discharge than a General discharge. His outcome could be much worse. I've seen commanders take this route, when they are truly opposed to drug use.In this situation, command could be going for an Other than Honorable discharge rather than a General, so again, it could be worse.But more to the point, even if we agreed that it was severe, it is not so severe that it can be legally stopped. A general discharge and Article 15 are both within the commander's discretion. Because your son has less than 6 years of service, he can be discharged without even being allowed to have a board hearing.There is no forum to stop these actions, unless your son demands court martial and that would be a mistake. If it goes to court martial, they will seek the maximum possible punishments for the trouble of having to do it. The jury could very well allow those.I think he should focus on getting out without adding any more issues to his plate. He should work on some positive life changes and then, in time, seek to upgrade his discharge status by filing a DD Form 293.jagcorps_esq41090.0237441319
Lawyer and current JAG officer.
Just to clarify. My suggestion about "positive life changes" was not one of judgment.That is something that the board for upgrading discharges is looking for. So, if he can show both efforts to step away from the basis for the separation (drug rehabilitation) and other positive steps (solid work record, education, etc.).That could assist. He may then be able to get the GI Bill, not for undergrad, but for grad school.
Is future military service out of the question in possibly another branch after 6 months at a latter date?
It is practically out of the question.He would have to file both a DD Form 149 and DD Form 293 to upgrade both his discharge status and RE code and only then could he hope to reenlist.Accomplishing even one of those is a tall order. Accomplishing both is exceedingly unlikely.
I am not asking about reenlisting I am asking about joining another branch of service ie. Army, Navy, Coast Guard?
Your RE code applies to all branches.Once you have been in and get out, anytime that you try to join another branch that is also reenlisting.So yes, you were asking about reenlisting and didn't know it.My answer remains the same, sorry.
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